NC Marriage Ruled Valid Despite Lack of Marriage License: How This Affects Estates
While case law is often fact-dependent and, thus, might not prove directly applicable to one’s own circumstances, it nevertheless provides precedent that informs state court decision-making in similar cases. Such may be true for a North Carolina case in which, the day after a North Carolina couple’s wedding, the husband died. He did not leave behind a will, and the couple had not obtained a marriage license. According to North Carolina intestacy law, a surviving spouse is entitled to shares of the decedent’s real and personal property. North Carolina courts denied the wife’s claim to her spousal share since no marriage license existed.
- Spousal rollover of the deceased husband’s IRAs (if she was designated a beneficiary or, potentially, if the account was paid to the estate, of which she were the sole beneficiary)
- Elect portability of the unused portion of the deceased husband’s estate tax exemption